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Steinlaw
Steinlaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1811
Experience:  Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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heres a fun one. i recently purchased a kit from a retailer

Customer Question

here's a fun one.

i recently purchased a kit from a retailer specializing in "do it yourself" projects.
i received the kit with instructions on building the kit, tips on how to make the building go smoother, and other instructions on how to build related items to enhance the the kit's end product. after having built the kit i then proceeded to clean the end product in a conventional method which, unbeknownst to me, would, and did, cause damage to the end product. i contacted the kit provider to inquire as to how much damage i'd done and they said it was improper care to clean the end product in that way and that the result would require treating the product with a solution that they happened to sell as well. i said to the kit provider that they failed to include proper care procedures in the kit which resulted in said damage and i asked them to share in the responsibility and refund half my money. they said no. i said that the original manufacturer of the kit material provided them, the kit provider, with care instructions for the material and therefore they should pass it on to the end user. they said that i could find proper care instructions on their website but they did not tell me, upon receipt of the kit, that i needed to beware of these procedures or where to find care procedure information until the damage had already been done. they said it was up to the customer to seek information regarding proper care instructions and that they didn't know what else they could do to "get the information out". in my opinion they are being negligent by withholding information in that they don't make any communication from the outset of the transaction to inform their customers regarding proper care. they also assume that proper care procedures are common knowledge which, i've come to find via a poll of peers in this area, are not. the entire situation could be avoided in the future with an included photo copy of the original manufacturers care instructions. this was not provided and i feel i'm entitled to a partial refund due to receipt of an incomplete kit. after all, there was nothing with my money when they deposited it and if there were they certainly would have made some noise about it.

do i have a right to my refund claim?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Steinlaw replied 3 years ago.
I am sorry you are going through this.

Take a look at two reasons to sue them:

1. Breach of contract: clearly part of the agreement was that they would provide you with the instructions. Heck, we know how to drive, but car dealers dont hide the instruction manuals on cars when you buy one, or tvs, or DVD players or........ well, you get the idea. That seems to me to be a slam dunk.

2. Unfair business practices: this is in the Business & Professions code. You have a case against them for not giving you the instructions. This is an unfair business practice.

And, if you are want a third: Consumer Legal Remedies Act.. They misrepresented the product. You have to send them a certified letter, but once you do that, you have a strong case under that statute as well.

Good luck.
Steinlaw, Lawyer
Satisfied Customers: 1811
Experience: Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
Steinlaw and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks for the answer, here's a quote from their own web site to boot.

No Hassle Guarantee
We do our best to satisfy every order and request accurately and completely. We carry only the best products by well known and respected manufacturers. If you are not satisfied with each and every item you have purchased, please give us a call and we will make it right!

can you tell me what the certified letter should contain? should it be the same complaint i've been in dispute about?
Expert:  Steinlaw replied 3 years ago.
You should add it to the same complaint. The text of the letter is going to vary depending on what you want to pursue. I would probably just pursue the breach of contract angle to it.

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